In late July, U.S. District Court Judge Emmet Sullivan called for an investigation into the discovery abuses in the Pershing Park case. Sullivan suggested that the D.C. Council should get to the bottom of how evidence went missing or got botched.

Councilmember Mary Cheh called for AG Peter Nickles to resign. Councilmember Phil Mendelson, who heads the Judiciary Committee, stated that he “definitely” would be considering an investigation into the matter.

Now, a D.C. Council investigation appears unlikely.

Mendelson tells City Desk that he hasn’t ruled out holding hearings on the mass arrests and troubling OAG response. But considering Nickles’ relationship to the council, he says it might be a waste of time.

“The difficulty with holding a hearing is Nickles may not show,” Mendelson says. “He might even claim privilege….I’m not sure what I could get out of a hearing.”

Mendelson counters that the bulk of any investigation into the disappearing evidence is already coming from the plaintiffs attorneys. He’s just not sure what more he could discover from holding a public hearing on the case. “I just don’t know how we could have an effective hearing given Nickles’ obstructionism,” he explains.

Mendo says he’s still trying to get police documents related to the DeOnte Rawlings case. Pershing Park could be another never ending document chase.

Still, Mendo assures: “Pershing Park is not off my radar screen in terms of Nickles’ bad behavior. I’m not sure how I’m going to follow up on it….In some way, and I don’t know how right now, all that’s going to come back to haunt him.”

*photo by Darrow Montgomery.

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